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My business partner stole everything necessary to operate our

chemical company after signing an...
My business partner stole everything necessary to operate our chemical company after signing an asset purchase agreement to sell his shares of the company to my new chemical company. He filed a k-1 claiming over $65,000.00 in lossses due to his accountant preparing a tax return that did not include over $180,000.00 of our companies receivables. When he found out I filed the appropriate tax return that included our receivables he stole the computers, servers, telephones, all bank records, files and customer data needed to operate the company. What is the statute of limitations to file a lawsuit for this intentional malice action? Is it criminal or is it civil? Is the Accountant liable for fraud?
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Answered in 17 minutes by:
10/5/2011
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Interesting case. I'm representing a client on a very similar set of facts in Texas. Your case is both civil and criminal. He stole company property. Thus, you have a conversion claim you can file in civil court and a claim for theft you can file with the police. In New York, a claim for conversion has a statute of limitations of is three years from the date of the conversion (unless the conversion was concealed and then it is 3 years from the date of the discovery of the conversion). For theft (grand larceny), the statute of limitations is 2 years. Since you filed a police report on the date he stole everything, then its in the hands of the prosecutors now to take action. You may want to call the district attorney and "press the charges" so to speak, which means you are insisting that they take action. Does this answer your question?
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
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TexLaw
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